In the beginning stage of the patent system, the applicants could obtain the right of the patent only by explaining the contents of the invention. But as the technology get to develop rapidly, we are facing the issues about how far the range to be adm...
In the beginning stage of the patent system, the applicants could obtain the right of the patent only by explaining the contents of the invention. But as the technology get to develop rapidly, we are facing the issues about how far the range to be admitted as the patent right.
So, the applicants need to thinking out the system that characterizes the claim limits of invention to be admitted as the patent, as well as explaining the contents of it. That is, we call it, "the claim of the patent". in the case of the simple invention, the claim limit of the patent is relatively easy to identify and understand. Because a nowaday high-technology is very difficult, the simple claim did not express exactly the invention. In case of the patent-infringed action, it is so hard to realize the invention only by the literal expressions on the claim limit of the patent.
This thesis is the study about the protection range of the invention using the interpretation of the claim limit of the patent based on Doctrine of Equivalents
The world has come to a Point of universal comPetition without regard to national boundaries, which is commonly called the age of "patent War"
The Doctrine of Equivalents is a extended interpretation theory of the claims which regards, despite of an accused device having a different structure with a part of comPrising elements of the invention written in the language of the claims, the structure of substantially equivalent to the different comprising element is included in the claim scope of tlle invention.
This thesis was being overviewed the development history and the corresponding principles of the claim to investigate the application or the Doctrine of Equivalents and indirect attack on judging a patent infringement.
Applying the Doctrine of Equivalents is going to get confirmed the literal scope of the claims, judged the literal infringement by way of comparing to an accused device and judged, in case it is not infringe literally, whether the accused device is infringed under the Doctrine of Equivalents or not, by applying the Doctrine of Equivalents,
Regarding the requirement of adapting the Doctrine of Equivalents, as a result of having analysed the our Supreme Court's cases in view of being Presented as a standard by the judicial precedents, we have to establish the standard which define a Protection scope appropriate to our technological level.
The Doctrine of Equivalents is an interpretation method which have developed in western countries and the legal regulations or intellectual property right which is different to the other legislation examples is being considered as a trend of restraint and unification among all the nations.
Consequently, the analysis policy as a definite judgement standard is synthesized by investigating the foreign cases, estoppel and the Patent Law Treaty which stipulated the application of the Doctrine of Equivalents in this thesis.
Our Court as well as Patent and Trademark Office should indicate the definite guide lines concerning the application standard of the Doctrine of Equivalents and various way of indirect attacks to perform functions of substantial protection or a inventor and public notice of claim scope to a third Party.